Levy v Mercedes-Benz Australia/Pacific Pty Ltd [2024] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Levy v Mercedes-Benz Australia/Pacific Pty Ltd [2024] NSWCATCD 9 Hearing dates: 21 November 2023; final submissions 19 December 2023 Date of orders: 04 January 2024 Decision date: 04 January 2024 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The application is dismissed. (2) Any application for costs must be filed with the Tribunal and served on the other party by 19 January 2024. Any such application must be supported by submissions limited to not more than 4 A4 pages. (3) Any reply to any application for costs must be filed with the Tribunal and served on the other party by 2 February 2024. Any reply must be limited to not more than 4 A4 pages. (4) The Tribunal proposes to dispense with a hearing in relation to costs. If either party contends that a hearing on this issue is necessary they are to indicate this in their submissions and set out the reasons why they contend this is necessary. Catchwords: CONSUMER CLAIMS – Fair Trading Act 1987(NSW) – Australian Consumer Law (NSW) – consumer guarantees in relation to the supply of goods – remedy against a manufacturer of goods – contract – manufacturer's warranty Legislation Cited: Australian Consumer Law (NSW), 54, 58, 59, 90, 271, 272, 273 Civil and Administrative Tribunal Act 2013 (NSW), s 38, 60 Fair Trading Act 1989 (NSW), ss 79E, 79G, 79N Cases Cited: Megerditchian v Kurmond Homes PL [2014] NSWCATAP 120 Texts Cited: Nil Category: Principal judgment Parties: Craig Levy (Applicant)